Introduction
Dear Readers,
Torture is one of the gravest violations of fundamental human rights.
It not only infringes upon numerous rights enjoyed by people, but also constitutes a direct assault on human dignity which is protected by the Polish
Constitution as the source of those rights. The prohibition of torture is absolute and unconditional, and there exist no circumstances under which
torture may be justified. The prohibition arises from international law1 as
well as the Polish Constitution, and reflects the moral progress of nations.
Any violation of the freedom from torture and other inhuman or degrading
treatment or punishment constitutes, at the same time, an assault on human
dignity. According to the case-law of the European Court of Human Rights
in Strasbourg, the state, regardless of complainant’s attitude, may not evade
compliance with this prohibition, even at times of war or any other threat to
national security2.
Regular unannounced visits to places of detention are considered one of
the most effective measures to prevent torture and other prohibited forms of
treatment of detained persons. The visits are supplementary to the judicial
mechanism applied by the European Court of Human Rights in Strasbourg.
The Republic of Poland is one of 83 States-Parties that have ratified or
acceded to the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment3 (hereinafter
referred to as the OPCAT or Protocol), adopted by the United Nations General Assembly in New York on 18 December 2002. Poland is also one of 57
countries that have established their National Preventive Mechanisms.
The objective of the Protocol has been to introduce a system of regular visits undertaken by independent bodies to places where people are deprived of their liberty. At the international level, the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment has been established. At the national level, each State party is
1
The human rights protection systems of both the United Nations and Europe prohibit the use of torture and other inhuman or degrading treatment or punishment.
2
Case Ireland v the United Kingdom, judgment of 18 January 1978, application no. 5310/71.
3
Dz. U. (Journal of Laws) of 2007, no. 30, item 192.
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